Question
Larry needs to buy a battery for his business mobile phone and visits an electronics shop in Sydney which imports electronic devices, mobile phones and
Larry needs to buy a battery for his business mobile phone and visits an electronics shop in Sydney which imports electronic devices, mobile phones and batteries from China, Korea and Japan.
Larry tells the shop assistant, Tim, that he needs a battery for his "Samsoon" mobile phone. Tim recommends that Larry buy a Samsoon battery and Larry buys the battery that Tim suggests for $80.
Larry returns to his office and fits the battery into the phone. As few minutes later, while charging, the battery explodes and starts burning. The fire spreads and the office walls and ceiling are severely damaged by the fire. Much of Larry's business equipment and records are also destroyed. Investigators from the fire department retrieve the battery and discover it is not a genuine Samsoon brand battery.
Discuss whether the ACL might apply to this situation and the potential liability for losses suffered by Larry and his landlord.
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